30day Rule

[Forgotten Father]

Order states:

Father shall have visitation with the minor child for one weekend each month. (father's choice of weekends in 9 months each year) to take advantage of long or holiday weekends primarily from 5pm Friday (or the childs full day of school on long or holiday weekends) after school through and until not later than 5pm Sunday ( or the evening before the child's next school day on long or holiday weekends) evening. Father shall notify mother by mail or email at least 30 days prior to any such weekend visitation, informing her of dates he will exercise visitation.

Ok now the problem:

In August of last year mother and I set up a full schedule of visitation thru Summer vacation.

I had visits in November, December, and January. Mother asked if I would be willing to forfeit my weekend in February because there was a company trip that my son wanted to attend with the family. I agreed, trip was cancelled and my son has been in Juvenile Detention since mid January.

I did send an email to mother this past Friday requesting my visitation on March 12 - 15. He gets out of JDC on the 10th. There is a long weekend from school on March 12th.

She called today and stated that I would not be able to exercise visitation because she scheduled his make up sessions for his tutoring since he missed so much being in JDC and that I did not give 30 days notice.

I also spoke with her before him going to JDC about visiting with him as soon as he got out. It is very convenient that this long weekend comes just as he is getting out.

Do I have any arguement as far as the scheduling of the tutoring?

Is the fact that the visitation was scheduled months ago and that I once again spoke with her and sent and email 15days prior to the visit constitute enough notice for her or did I mess up this time around?

Thank you,

Forgotten Father

[VeronicaGia]

It would seem to me you messed up this time, you may consider reminding her that you gave up a weekend for her convenience and you'd rather hoped she would do the same.  But, the court orders are specific, and in my opinion, you should always exercise your visitation.  In other words, next time mom wants you to give up time, either don't do it, or get it in writing that your make up time will be on ______ weekend, plus you will exercise your regular visitaiton on ____ weekend.

Make sense?

[Forgotten Father]

Yeah...I should have followed the letter of the law.

I was incorrect in assuming that we were communicating effectively.  I have read and re-read my order and, of course she is consitently going against "the letter of the law", but ya know good ole me just keeps my mouth shut.

Oh well...nice guys finish last.

forgotten father